Ceccato v Almona Pty Ltd [2006] NSWIRComm 271

Ceccato v Almona Pty Ltd [2006] NSWIRComm 271

Given the claims and counterclaims regarding unpaid and paid leave entitlements and alleged loans, it is 'on the cards' that the statements of account could assist the applicant's case; the documents are described with reasonable particularity and there is no evidence the summons is oppressive or improper. The motion to set aside is dismissed.

Jurisdiction
Australia
Judgment Date
18 August 2006
Procedural Posture
Application for Recovery of Money Pursuant to Section 365 of the Industrial Relations Act 1996 / Interlocutory Decision on Notice of Motion to Set Aside Part of Summons for Production
Outcome
Motion dismissed
Legal Topics
['production of Documents' 'interlocutory Motion' 'forensic Purpose' 'costs']
['industrial Law'] ['production of Documents' 'interlocutory Motion' 'forensic Purpose' 'costs']

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Procedural Posture

Application for Recovery of Money Pursuant to Section 365 of the Industrial Relations Act 1996 / Interlocutory Decision on Notice of Motion to Set Aside Part of Summons for Production

Legal Issues

  1. 1 ['Whether the production sought by the summons for production is for a legitimate forensic purpose' "Whether the respondent's statements of account for specified financial years are relevant to the recovery of unpaid leave" 'Whether the summons is oppressive, frivolous, or amounts to a fishing expedition']

Ratio Decidendi

Given the claims and counterclaims regarding unpaid and paid leave entitlements and alleged loans, it is 'on the cards' that the statements of account could assist the applicant's case; the documents are described with reasonable particularity and there is no evidence the summons is oppressive or improper. The motion to set aside is dismissed.

Court Disposition

Motion dismissed

Orders

  • ["Respondent's motion seeking to set aside part of summons for production is dismissed." 'Usual order as to costs: costs as agreed or assessed.']